Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: D

DE aiSTIMATO

In Roman law. One of the innominate contracts, and, in effect, a sale of land or goods at a price fixed, (wsti- mato,) and guarantied by some third party, who undertook to

DE AVERIIS CAPTIS IN WITHER NAMIUM

Writ for taking cattle in withernam. A writ which lay where the sheriff returned to a plurics writ of replevin that the cattle or goods, etc., were eloinetl, etc.; by which he

DE CORRODIO HABENDO

Writ for having a corody. A writ to exact a eonxly from a religious house. Reg. Orig. 264, Fitzh. Nat. Brev. 230. See CORODY.

DE DOTE UNDE NIHIL HABET

A writ of dower which lay for a widow where no part of her dower had been assigned to her. It is now much disused; but a form closely resembling it is

DE EXECUTIONE JUDICII

A writ directed to a sheriff or bailiff, commanding him to do execution upon a judgment. Reg. Orig. 18; Fitzh. Nat Brev. 20.

DE FRANGENTI3US PRISONAM

Concerning those that break prison. The title of the statute 1 Edw. II. ordaining that none from thenceforth who broke prison should have judgment of life or limb for breaking prison only,

DE NON RESIDENTIA CLERICI REGIS

An ancient writ where a parson was employed in tlie royal service, etc., to excuse and discharge him of non-residence. 2 Inst. 204.

DE PIP A VINI CARIANDA

A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks

DE SECTA AD MOLENDINUM

Of suit to a mill. A writ which lay to compel one to continue his custom (of grinding) at a mill. 3 Bl. Comm. 235; Fitzh. Nat. Brev. 122, M.

DE UXORE RAPTA ET ABDUCTA

A writ which lay where a man’s wife had been ravished and carried away. A species of writ of trespass. Reg. Orig. 97; Fitzh. Nat Brev. 89. O; 3 Bl. Comm. 139.

DEADHEAD

This term is applied to persons other than the officers, agents, or employes of a railroad company who are permitted by the company to travel on the road without paying any fare

DEBITOR NON PRSESUMITUR DONARE

A debtor is not presumed to make a gift. Whatever disposition he makes of his property is supposed to be in satisfaction of his debts. 1 Kames, Eq. 212. Where a debtor

DECEIT

A fraudulent and cheating misrepresentation, artifice, or device, used by one or more persons to deceive and trick another, who is ignorant of the true facts, to the prejudice and damage of

DECIMATION

The punishing every tenth soldier by lot, for mutiny or other failure of duty, was termed “decimatio Iciiio- nis” by the Romans. Sometimes only the twentieth man was punished, (viccsimatio,) or the

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